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Week 25 - Wednesday - 17 May 2000

SHEKALIM: CHAPTER 1 : MISHNA 6

The following are required to pay a kalbon: Levites, Israelites and proselytes and freed slaves, but not kohanim, women, slaves and minors. One who contributes for a kohen, for a woman, for a slave, for a minor is exempt. And if he contributes for himself and for his fellow he is obligated to one kalbon. R. Meir says: two kalbonot. One who gives a selah and takes a shekel is obligated two kalbonot.

Kehati

Our Sages instituted a surcharge on the half shekel contribution, consisting of a coin known as a kalbon. In our mishnah, the Sages and R. Meir disagree. According to R. Meir, everyone must add a kalbon to his half shekel; the reason for this will be explained in the mishnah. The Sages, however, hold that whoever gives a half shekel coin as such to the Temple does not need to add a kalbon. Only if two people contributed a single shekel coin between them, a kalbon must be added. The reason for this is that had they exchanged the shekel coin for two half shekels, they would have had to pay a surcharge of a kalbon to the money-changer for his services. The Sages thus instituted that they must pay that kalbon to the Temple. Rambam thus writes: Everyone needs half shekel coins for the half shekel. Therefore, if a person went to a money-changer and exchanged a shekel coin for two half shekels, he would have to pay a surcharge to the shekel, and that was known as a kalbon (see Tiferet Yisrael, who explains this differently). We have already noted in the introduction to the Tractate that the shekel mentioned in the Torah was equivalent to the selah of the mishnah, and is equal to four dinars. A half shekel is thus a half selah (or two dinars), which in mishnaic terminology is a shekel. As to the value of the kalbon, that will be explained at the end of the following mishnah.

The following are obligated to pay a kalbon As explained in the introduction to this mishnah: Levites and Israelites and proselytes and freed slaves all of whom are obligated to contribute the half shekel, and from whom a collateral can be exacted should they fail to pay, as mentioned above (in Mishnah Three), and they are therefore also obligated to a kalbon, but not kohanim even though they are obligated to pay a half shekel, nevertheless since we cannot exact collateral from them, they are also exempt from a kalbon. women, slaves and minors all of whom are exempt from contributing the half shekel, and even though, should they wish to contribute the half shekel, we accept it from them, they are nevertheless exempt from a kalbon.

One who contributes for a kohen On behalf of a kohen, for a woman or on behalf of a woman, for a slave or on behalf of a slave, for a minor or on behalf of a minor; in each of the above cases, the man gave a full shekel, half for himself and half on behalf of one of these categories who are exempt from a kalbon (Rambam), is exempt from paying the kalbon, and if he contributes for himself and for his fellow but if he contributed a whole shekel for himself and on behalf of another person who was obligated to give a half shekel, such as where he lent the other person a half shekel, He is obligated to one kalbon as explained in the introduction to this mishnah.

R. Meir says: two kalbonot Some explain that the reason of R. Meri (according to the Jerusalem Talmud and Tosefta) is that he holds even a person who contributes his half shekel with a half shekel coin must add a kalbon because the Torah states in regard to the giving of the shekel (Ex. 30:3), This they shall give, which R. Meir interprets: The Holy One, Blessed be He, showed [Moses] a form of a coin of fire and said to him, As this they shall give. It follows that one is never permitted to contribute less than the value of a half shekel they were obligated to contribute during the time of Moses. Thus, whoever gives a half shekel coin must still add another coin, to be sure that its value is equivalent to the shekel contributed at the time of Moses. The Sages, though, do not interpret the verse that way, and according to them the surcharge is only a commission for exchanging money, as explained above.

Thus a person who contributes a single half shekel coin is exempt from the surcharge, and two people who give a single shekel coin on behalf of both only need to add one kalbon. Others explain that even according to R. Meir the kalbon is a premium for changing money, but R. Meir holds that if both contribute a single shekel coin on behalf of both, we consider it as if each one would have had to change a one shekel coin to two half shekel coins, and they must therefore contribute two kalbonot (Rambam; Hameiri). The halakhah does not follow R. Meir.

One who gives to the Temple treasurer a sela Which is a shekel of the Torah, as explained in the introduction to this mishnah, and takes change a shekel which is half the shekel of the Torah, is obligated two kalbonot One for the selah which is half the shekel of the Torah, is obligated two kalbonot One for the selah which he contributed to the Temple, and one for the shekel he took back from the Temple; if, however, he had used the selah to pay the half shekel obligations of two people, he would only have to pay a single kalbon according to the Sages, as explained above, but now that he gives a whole selah to the Temple, the Temple Treasurer gives him a shekel change, it is considered as two separate transactions, and he must therefore contribute two kalbonot (Rambam; Hameiri).

SHEKALIM: CHAPTER 1 : MISHNA 7

One who contributes for a poor person or for his neighbor or for his townsman he is exempt. But if he lent them he is obligated. Brothers and partners must pay a kalbon, but are exempt from the animal tithe; but when they are obligated to an animal tithe, they are exempt from the kalbon. And how much is the kalbon? a silver ma'ah; the words of R. Meir. But the Sages say: half.

One who contributes for a poor person on behalf of a poor person, i.e., where he contributed a full shekel for himself and the poor person, where the payment was a gift to the poor person, or for his neighbor on behalf of his neighbor, or for his townsman on behalf of his townsman, he is exempt from the kalbon, for as he gave a gift to that person, our Sages do not obligate him to add a kalbon. The same would apply if a father contributed on behalf of his son, where the payment is a gift from the father to the son.

But if he lent them a loan rather than a gift, he is obligated to pay a kalbon, as one who contributes for himself and for his fellow (in the previous mishnah). Brothers and partners Others have a textual reading that omits the word and, implying brothers that are partners in their father's estate, must pay a kalbon where they divided up their father's estate and then pooled their respective shares. In such a case, they are as any other partners who contributed the half shekel together, where a kalbon is levied, but are exempt from the animal tithe The Torah requires one to tithe all the animals born each year, as seen in the verse (Lev. 27:32), Every tenth cattle or sheep, whatever passes under the rod, the tenth shall be consecrated to the Lord. Partners, though, are exempt from tithing animals born to the partnership. Thus, if brothers are partners, they are exempt from the animal tithe.

But when they are obligated with the animal tithe i.e., where they never divided their father's estate between them, so that the assets are considered as if still in the possession of their father; in such a case the animals that are born in any given year must be tithed, but they are exempt from the kalbon As the case where a father who uses his assets to contribute the half shekels of his sons as a gift, as mentioned above. This is Rashi's explanation (see Tractate Bekhorot 56b), and that is also the explanation of Bartenura, but Rambam has a different version: brothers or partners, namely both in the case of brothers and of partners, and according to him partners are only exempt from the animal tithe with which they began their partnership, but not for animals born to the partnership later (Hil. Bekhorot 6:10), and based on this, Rambam explains the mishnah differently (see Tosefot Yom Tov; and see Lehem Mishneh Hil. Bekhorot ibid.).

And this is what Rambam writes: The brothers who have not yet divided their father's estate, and so, too, partners who contribute a single shekel for both, are exempt from the kalbon. When is this so? With partners who traded with their common assets, where the original coins are no longer available; but if one brought his own assets and the other one brought his own assets and they pooled them together but had not yet spent them, they must pay a kalbon (Hil. Shekalim 3:4; and see Ravad's objections there). And how much is the kalbon that must be added? A silver ma'ah One twenty-fourth of a selah, the words of R. Meir. But the Sages say, half half a silver ma'ah (1/48 of a selah), and the halakhah follows the Sages.

In the Jerusalem Talmud they ask: What purpose does the kalbon serve? R. Meir holds that the kalbonot are added to the half shekels that are collected, for according to his view, the purpose of the kalbon is to ensure that the value should be equivalent to that at the time of the Torah. R. Eleazar, though, holds that the money is kept in a separate fund which is used to buy animals for sacrifices at a time that the altar was idle; according to R. Shimon b. Shazuri, the money is used for plating the walls of the Holy of Holies; R. Eliezer holds that the money-changers would take the kalbonot as a fee for their services (as they collect the shekels Rambam). And others say that the money was used to pay the expenses of transporting the shekels to Jerusalem.

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